Direct staff supervision means that security staff are in the same room with, and within reasonable hearing distance of, the resident or inmate. Exigent circumstances means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility. Facility means a place, institution, building or part thereof , set of buildings, structure, or area whether or not enclosing a building or set of buildings that is used by an agency for the confinement of individuals.
Full compliance means compliance with all material requirements of each standard except for de minimis violations, or discrete and temporary violations during otherwise sustained periods of compliance. Gender nonconforming means a person whose appearance or manner does not conform to traditional societal gender expectations. Intersex means a person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female.
Intersex medical conditions are sometimes referred to as disorders of sex development. Jail means a confinement facility of a Federal, State, or local law enforcement agency whose primary use is to hold persons pending adjudication of criminal charges, persons committed to confinement after adjudication of criminal charges for sentences of one year or less, or persons adjudicated guilty who are awaiting transfer to a correctional facility.
Juvenile means any person under the age of 18, unless under adult court supervision and confined or detained in a prison or jail. Juvenile facility means a facility primarily used for the confinement of juveniles pursuant to the juvenile justice system or criminal justice system. Law enforcement staff means employees responsible for the supervision and control of detainees in lockups. Lockup means a facility that contains holding cells, cell blocks, or other secure enclosures that are:. Medical practitioner means a health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice.
Mental health practitioner means a mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice.
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Pat-down search means a running of the hands over the clothed body of an inmate, detainee, or resident by an employee to determine whether the individual possesses contraband. Prison means an institution under Federal or State jurisdiction whose primary use is for the confinement of individuals convicted of a serious crime, usually in excess of one year in length, or a felony. Resident means any person confined or detained in a juvenile facility or in a community confinement facility.
Secure juvenile facility means a juvenile facility in which the movements and activities of individual residents may be restricted or subject to control through the use of physical barriers or intensive staff supervision. A facility that allows residents access to the community to achieve treatment or correctional objectives, such as through educational or employment programs, typically will not be considered to be a secure juvenile facility. Security staff means employees primarily responsible for the supervision and control of inmates, detainees, or residents in housing units, recreational areas, dining areas, and other program areas of the facility.
Transgender means a person whose gender identity i. Substantiated allegation means an allegation that was investigated and determined to have occurred.
Unfounded allegation means an allegation that was investigated and determined not to have occurred. Unsubstantiated allegation means an allegation that was investigated and the investigation produced insufficient evidence to make a final determination as to whether or not the event occurred. Volunteer means an individual who donates time and effort on a recurring basis to enhance the activities and programs of the agency.
Youthful inmate means any person under the age of 18 who is under adult court supervision and incarcerated or detained in a prison or jail.
Incarceration, Substance Abuse, and Addiction – The Center for Prisoner Health and Human Rights
Youthful detainee means any person under the age of 18 who is under adult court supervision and detained in a lockup. Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:.
Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the inmate, detainee, or resident:. In calculating adequate staffing levels and determining the need for video monitoring, facilities shall take into consideration:. Such policy and practice shall be implemented for night shifts as well as day shifts.
Each agency shall have a policy to prohibit staff from alerting other staff members that these supervisory rounds are occurring, unless such announcement is related to the legitimate operational functions of the facility. Absent exigent circumstances, agencies shall not deny youthful inmates daily large-muscle exercise and any legally required special education services to comply with this provision. Youthful inmates shall also have access to other programs and work opportunities to the extent possible.
Such policies and procedures shall require staff of the opposite gender to announce their presence when entering an inmate housing unit. Such steps shall include, when necessary to ensure effective communication with inmates who are deaf or hard of hearing, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. In addition, the agency shall ensure that written materials are provided in formats or through methods that ensure effective communication with inmates with disabilities, including inmates who have intellectual disabilities, limited reading skills, or who are blind or have low vision.
An agency is not required to take actions that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity, or in undue financial and administrative burdens, as those terms are used in regulations promulgated under title II of the Americans With Disabilities Act, 28 CFR The agency shall also impose upon employees a continuing affirmative duty to disclose any such misconduct.
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